Nirvana

TERMS OF USE

Welcome to the Nirvana website and web application located at http://nirvanahq.com (the “Website”, which includes all subdomains, eg. http://app.nirvanahq.com). We hope you enjoy your visit and use of the app. By visiting and using the Website, you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

Nirvana is owned and operated by Nirvanahq, Inc (“Nirvana”).

The TOU were last modified on September 18, 2012. Nirvana reserves the right, at any time and without prior notice, to modify the TOU. Any changes to the TOU can be found at this URL.

The TOU should be read in conjunction with the Privacy Policy, as both documents govern your use of the Website.

Accounts and Account types

There are two account types, which may also be referred to as “plans” – Basic and Plus. For details about pricing and features associated with each plan, which may vary from time to time, please refer to our Pricing and Features page.

Nirvana reserves the right to modify the features available for either type of account at any time and under its sole discretion.

All monthly or annual payments for the Plus plan will automatically be renewed at the end of your chosen billing cycle (monthly or yearly), without further notice to you. It is your responsibility to cancel your account, or switch to the Basic plan, prior to the renewal date by visiting your account page no later than three working days prior to the automatic renewal.

Third-party payment processing

Nirvana uses third party services for the purposes of processing your payments - Recurly (https://recurly.com), Beanstream (https://beanstream.com) and PayPal (https://paypal.com). By choosing a Plus account, you consent to the use of these third-party services by Nirvana for the processing of your payments. Nirvana warrants that it is in compliance with all legal terms and requirements of these third-party services. Nirvana shall not be liable for any errors or omissions on the part of these third-party services, yet warrants that it will work with these third-party services on your behalf (as applicable) to attempt to correct any such errors or omissions. Nirvana shall not be held liable for any failure, technical or otherwise, on the part of these third-party services.

Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Nirvana or its agents or subcontractors, you agree to indemnify, defend and hold harmless Nirvana and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information therein, (ii) your participation in any activities arising from the Website, (iii) your violation of, or failure to perform your obligations under the TOU or, (iv) your violation of any rights of a third party.

Termination

You agree that Nirvana, in their sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the site (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Nirvana believes that you have acted inconsistently with the letter or spirit of the TOU.

Nirvana may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Further, you agree that the Nirvana shall not be liable to you or any third party for any damages resulting from termination of your access to the Website, or from Nirvana’s termination of the Website or any part thereof.

General and External Links

From time to time we may provide links to other sites. Links from the Website may take you to sites not covered by the TOU. We provide those links as a convenience to you and take no responsibility for the protection of your privacy on those other sites. We encourage you to check the Terms of Use and / or Privacy Policy of any site you visit. Nirvana does not make any claim or warranty whatsoever about the content of those sites to which we link. In no way will Nirvana be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary, for your use of sites we may link to or the information thereon, or any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those sites, or caused by or in connection with, use of or reliance on any content, goods or services available on or through any linked-to website or resource, or the actions of the operators of any such site or resource.

Copyright and Intellectual Property Rights

The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, text, and computer code are proprietary to Nirvana, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted or otherwise used without the express permission of Nirvana. Any unauthorized use of the content, arrangement or layout of the site, computer code, or images or trademarks found in the site or any derivative works thereof may violate civil or criminal laws, including, but not limited to, copyright and trademark laws, and Nirvana may take action accordingly.

The above paragraph further applies to third party property used on the Website, including but not limited to third party computer code.

Disclaimer of Warranties

You expressly understand and agree that your use of the Website or the information therein is at your sole risk. The Website, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website, or your use of the functionalities of the Website. The information provided on the Website written by Nirvana staff is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information on this website is as accurate and up-to-date as possible. However, certain information may change, and errors may occur, and Nirvana is not responsible for any loss, financial or otherwise, resulting from changes or errors in information, including financial information. Nirvana expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose.

Limitation Of Liability

You expressly understand and agree that Nirvana shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, general civil liability or any other cause of action, relating to the Website, the information on the website, the use of the Website, or the third party materials and/or functionalities on the Website where applicable. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Nirvana, their affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Governing Laws and Jurisdiction

Use of the site shall be governed by and construed in accordance with the laws of the Province of Quebec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Nirvana shall be brought exclusively in the courts of the Judicial District of Montreal, Quebec, Canada.

Miscellaneous Provisions

The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and Nirvana with respect to your use of the Website, superseding any prior agreements between you and Nirvana. Where you have purchased a Plus account, you are also covered by the terms in the Sales Agreement.

If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.

The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

If you have any questions about the TOU, please contact:

Nirvanahq Legal Services
legal@nirvanahq.com

372 rue Ste-Catherine O, Suite 123
Montreal QC H3B 1A2

© 2015 Nirvanahq, Inc.

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© 2015  Nirvanahq, Inc.